Doug Ford says businesses can refuse anyone not wearing a mask but rights watchdog says not so fast

NewsMay 22, 2020by
Robert Benzie
Queen's Park Bureau Chief

Businesses should be allowed to refuse service to anyone not wearing a mask during the COVID-19 pandemic, says Premier Doug Ford.

“Any business has the right to refuse anyone — that’s their business,” Ford told reporters on Friday during his daily teleconference.

“I highly, highly encourage that people put on a face shield,” said the premier, who earlier this week was part of a chorus of political leaders and public health officials recommending Canadians wear masks in public if they can’t maintain a safe physical distance of two metres.

But Michael Bryant, executive director and general counsel of the Canadian Civil Liberties Association, said the Ontario Human Rights Code prohibits retailers from discriminating against any customers.

While Ontario has been in a state of emergency since March 17, Bryant — a former attorney general who helped craft the Emergency Management and Civil Protection Act — said Ford is overstepping his authority.

“This is Henry VIII governance. The premier is not the king of Ontario, he’s a member of the cabinet — that’s it,” the civil rights watchdog said.

“The premier needs to get the legislature to agree with him before he can make new law. He’s offering a legal opinion from the podium and it’s going to create problems.”

Bryant noted that it is not mandatory to wear a mask during the pandemic and that issues surrounding health, religious beliefs, and disabilities would make it difficult to force Ontarians to comply with any such edict.

Even legally defining what constitutes a mask would be problematic, the legal scholar added.

However, he stressed that retailers like Costco, where shoppers pay to join, can force customers to wear masks because patrons “have in effect entered into a contract where membership has its privileges and its responsibilities.

According to the big box chain’s website, “to protect our members and employees, it is recommended that all Costco members and guests wear a mask or face covering that covers the mouth and nose, at all times while on Costco premises.”

“This recommendation does not apply to children under the age of two or to individuals who are unable to wear a mask or face covering due to a medical condition. The use of a mask or face covering should not be seen as a substitute for social distancing,” says Costco.

Ford, who often sports one when in public, emphasized that a mask “just protects everyone.”

“It’s just so important. If you have a face covering, please, please wear it,” he said.

With Ontario’s economy slowly reopening starting last Tuesday — even as coronavirus cases are rising again — Ford was asked by a journalist: “Can you put the genie back in the bottle once people have gotten a bit of freedom, how can you scale things back?”

The premier indicated he did not believe Ontario would have to slam the brakes on opening things up.

“I have all the confidence in the world in the 14.5 million people — we’re here in this position right now because of all (their) great work. The people listened to the chief medical officer and the protocols,” he said.

“So I’m so grateful for everyone listening and businesses stepping up to the plate. It’s just been a real team effort — a Team Ontario effort. They’re amazing,” said Ford.

“So let’s see where we go on this. I think about it 24/7 and we’re seeing some peaks and valleys, but hopefully we’re going to see the trend go down. I know the last few days it’s gone up. It’s concerning. These are things that you’re up all night thinking about.”

Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie

Doug Ford says businesses can refuse anyone not wearing a mask but rights watchdog says not so fast

NewsMay 22, 2020by
Robert Benzie
Queen's Park Bureau Chief

Businesses should be allowed to refuse service to anyone not wearing a mask during the COVID-19 pandemic, says Premier Doug Ford.

“Any business has the right to refuse anyone — that’s their business,” Ford told reporters on Friday during his daily teleconference.

“I highly, highly encourage that people put on a face shield,” said the premier, who earlier this week was part of a chorus of political leaders and public health officials recommending Canadians wear masks in public if they can’t maintain a safe physical distance of two metres.

But Michael Bryant, executive director and general counsel of the Canadian Civil Liberties Association, said the Ontario Human Rights Code prohibits retailers from discriminating against any customers.

While Ontario has been in a state of emergency since March 17, Bryant — a former attorney general who helped craft the Emergency Management and Civil Protection Act — said Ford is overstepping his authority.

“This is Henry VIII governance. The premier is not the king of Ontario, he’s a member of the cabinet — that’s it,” the civil rights watchdog said.

“The premier needs to get the legislature to agree with him before he can make new law. He’s offering a legal opinion from the podium and it’s going to create problems.”

Bryant noted that it is not mandatory to wear a mask during the pandemic and that issues surrounding health, religious beliefs, and disabilities would make it difficult to force Ontarians to comply with any such edict.

Even legally defining what constitutes a mask would be problematic, the legal scholar added.

However, he stressed that retailers like Costco, where shoppers pay to join, can force customers to wear masks because patrons “have in effect entered into a contract where membership has its privileges and its responsibilities.

According to the big box chain’s website, “to protect our members and employees, it is recommended that all Costco members and guests wear a mask or face covering that covers the mouth and nose, at all times while on Costco premises.”

“This recommendation does not apply to children under the age of two or to individuals who are unable to wear a mask or face covering due to a medical condition. The use of a mask or face covering should not be seen as a substitute for social distancing,” says Costco.

Ford, who often sports one when in public, emphasized that a mask “just protects everyone.”

“It’s just so important. If you have a face covering, please, please wear it,” he said.

With Ontario’s economy slowly reopening starting last Tuesday — even as coronavirus cases are rising again — Ford was asked by a journalist: “Can you put the genie back in the bottle once people have gotten a bit of freedom, how can you scale things back?”

The premier indicated he did not believe Ontario would have to slam the brakes on opening things up.

“I have all the confidence in the world in the 14.5 million people — we’re here in this position right now because of all (their) great work. The people listened to the chief medical officer and the protocols,” he said.

“So I’m so grateful for everyone listening and businesses stepping up to the plate. It’s just been a real team effort — a Team Ontario effort. They’re amazing,” said Ford.

“So let’s see where we go on this. I think about it 24/7 and we’re seeing some peaks and valleys, but hopefully we’re going to see the trend go down. I know the last few days it’s gone up. It’s concerning. These are things that you’re up all night thinking about.”

Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie

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Doug Ford says businesses can refuse anyone not wearing a mask but rights watchdog says not so fast

NewsMay 22, 2020by
Robert Benzie
Queen's Park Bureau Chief

Businesses should be allowed to refuse service to anyone not wearing a mask during the COVID-19 pandemic, says Premier Doug Ford.

“Any business has the right to refuse anyone — that’s their business,” Ford told reporters on Friday during his daily teleconference.

“I highly, highly encourage that people put on a face shield,” said the premier, who earlier this week was part of a chorus of political leaders and public health officials recommending Canadians wear masks in public if they can’t maintain a safe physical distance of two metres.

But Michael Bryant, executive director and general counsel of the Canadian Civil Liberties Association, said the Ontario Human Rights Code prohibits retailers from discriminating against any customers.

While Ontario has been in a state of emergency since March 17, Bryant — a former attorney general who helped craft the Emergency Management and Civil Protection Act — said Ford is overstepping his authority.

“This is Henry VIII governance. The premier is not the king of Ontario, he’s a member of the cabinet — that’s it,” the civil rights watchdog said.

“The premier needs to get the legislature to agree with him before he can make new law. He’s offering a legal opinion from the podium and it’s going to create problems.”

Bryant noted that it is not mandatory to wear a mask during the pandemic and that issues surrounding health, religious beliefs, and disabilities would make it difficult to force Ontarians to comply with any such edict.

Even legally defining what constitutes a mask would be problematic, the legal scholar added.

However, he stressed that retailers like Costco, where shoppers pay to join, can force customers to wear masks because patrons “have in effect entered into a contract where membership has its privileges and its responsibilities.

According to the big box chain’s website, “to protect our members and employees, it is recommended that all Costco members and guests wear a mask or face covering that covers the mouth and nose, at all times while on Costco premises.”

“This recommendation does not apply to children under the age of two or to individuals who are unable to wear a mask or face covering due to a medical condition. The use of a mask or face covering should not be seen as a substitute for social distancing,” says Costco.

Ford, who often sports one when in public, emphasized that a mask “just protects everyone.”

“It’s just so important. If you have a face covering, please, please wear it,” he said.

With Ontario’s economy slowly reopening starting last Tuesday — even as coronavirus cases are rising again — Ford was asked by a journalist: “Can you put the genie back in the bottle once people have gotten a bit of freedom, how can you scale things back?”

The premier indicated he did not believe Ontario would have to slam the brakes on opening things up.

“I have all the confidence in the world in the 14.5 million people — we’re here in this position right now because of all (their) great work. The people listened to the chief medical officer and the protocols,” he said.

“So I’m so grateful for everyone listening and businesses stepping up to the plate. It’s just been a real team effort — a Team Ontario effort. They’re amazing,” said Ford.

“So let’s see where we go on this. I think about it 24/7 and we’re seeing some peaks and valleys, but hopefully we’re going to see the trend go down. I know the last few days it’s gone up. It’s concerning. These are things that you’re up all night thinking about.”

Robert Benzie is the Star’s Queen’s Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie